1. The PSS at Section 2.6.1 (a)
does not address New York State Public Service Commission (NYS PSC)
requirements for wind turbine setback from electric transmission facilities.
The project layout as depicted in PSS at Exhibit A indicates turbine facilities
are proposed for sites relatively close to the proposed 115 kV electric
transmission line and the associated collection substation. Staff advises that
the NYS PSC policy for wind turbine facilities in proximity to electric
transmission facilities should be addressed in developing facility layout and
identifying relevant setback criteria. The PSC has established a setback
baseline of 1.5 times maximum turbine blade tip height from the edge of the
right of way of any electric transmission (or substation facility) designed to
operate at 115 kV or more.2 Staff advises that the project layout in the
application should reflect this siting setback limitation, and that the
application state the design setback distance proposed for turbine(s) near the
proposed substation or transmission facility.
Sec. 2.6.1 Setback Requirements and/or
Recommendations- Applicant Specifications
2. Noise studies should be
conducted pursuant to Town of Cape Vincent Zoning Law Section 6.7 and any noise
mitigation plans must be submitted along with the application.
3. The PSS states that the
“setbacks for the combined project meet or exceed the setbacks held by the
previously proposed SLWF and CVWEP.” The application should include a table of
the setbacks (include an explanation of the rationale for the setback
distances) for all turbines from roads, public places, occupied and non-occupied
structures, electric and gas transmission lines for the previously proposed and
the newly proposed wind project, as required or recommended by the
manufacturer‟s specifications, the applicant, and any local ordinance or law.
If any manufacturer‟s recommended setbacks cannot be achieved, the reasons
should be stated in the application.
4. Provide any reports and
studies regarding noise level, infrasound, and shadow flicker to nearby
dwellings.
5. For any turbine model being
considered by the applicant, provide a copy of the manufacturer‟s standards
document that provides recommended setback distances.
Section 2.6.2 Accommodation
Setbacks Requirements and/or Recommendations
6. Applicant should report
results of consultation with turbine manufacturer(s), indicating manufacturer
recommendations for turbine setbacks from roads, residences, structures, places
of public assembly, and other criteria locations. Written confirmation of
manufacturer recommendations should be submitted along with the application.
7. Five full size maps showing
the location of the wind turbines with respect to Town of Cape Vincent zoning
Law Sec. 10 (from property lines, dwelling places, structures, transmission lines,
gas lines, roads, etc.) must be submitted with the application.
2 comments:
For all of you who are celebrating because you think the PSC has severely rebuked BP, note that the PSC does not say that any local laws will be supported by the review board, rather they simply state that BP must identify which laws they would like to be supplanted and why.
Lets keep it real, we are still at the mercy of the state,regardless of how much we try to get on their good side.
Thanks for remaining optimistic Mr. Lamora.
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